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HomeMy WebLinkAbout1992_04_28 Coastal Zone Management Commission Minutes APPROVED Town of Mamaroneck — Village of Larchmont 611COASTAL ZONE MANAGEMENT COMMISSION TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 914-381-6133 MINUTES APRIL 28, 1992 A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, April 28, 1992 in Conference Room A at the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8:05 p.m. Members Present: Phyllis Witmer, Chairman Mary Feldtmose Elinor Fredston RECEIVED Lawrence Lowy Angel Martin Tr Jury i 3 1992 '°� Howard McMichael, Jr. PATRICIA A.DiCIOCCI0 TOWN CLERK Shirley W. Tolley MAMARONECK Richard A. Young N.Y. Others Present: Ralph Mastrcmonaco, Consulting Engineer Geoffrey Young, Attorney for John Kluge Claudia Ng, Environmental Coordinator Ellen Morse, Recorder Referral: Kluge Property, Premium Point - Mr. Geoffrey Young, the attorney representing Mr. Kluge, appeared before the C7cm ission with an application to develop Block 508, Lot 30 on Premium Point. Shirley Tolley questioned why a referral was being made to CZMC and if this is a Type 1 or unlisted action. Ms. Ng explained that because there were no real construction plans in 1988 at the time of the subdivision, the Planning Board was asked by the CZMC to put in their resolution a clause stating that when a site plan is submitted, it be referred to the CZMC. Therefore, the Building Inspector referred this current application to CZMC. Mr. Young wanted it noted that a NY State Coastal Assessment form incorrectly stated that the house previously existing on this lot had burned down. Mr. Young said that the owner_at that time, Mr. Kluge, had it razed. It was mentioned that currently a law suit exists between Mr. Kluge and Dr. Robert Leaf over whether this lot can be developed. Shirley Tolley noted that, previously, Mr. Kluge was granted a variance for an extension on his house which would have involved Lot 30, but then changed his mind. He then received a variance to subdivide the lot again in 1988 after that area had been rezoned from R-30 to R-50. He was granted a variance for an R-30 lot. CZMC Minutes April 28, 1992 Page 2 Ralph Mastromonaco, the Consulting Engineer for Mr. Kluge's current proposal, showed the Commission the site plan for a two-story house. The elevation of the house is set so that at the lowest point any member of the house would be a foot above the velocity flood level. It will require about 6 feet of fill to raise the house to about 17 feet. The septic system is not going to be rebuilt but will be repaired because in same areas the clay pipes have been crushed. There will be a septic tank replacement. It was pointed out that there is no cellar with the house and no plans for a swimming pool. There is nothing that cuts along the sea wall; no proposal between the sea wall and the water levels. Mrs. Wittner asked Mr. Young if he had gotten an opinion as to whether this plan is in the coastal erosion hazard area. To Mr. Young's recollection, the line cuts through the property. Shirley Tolley said the line angles through it and thinks it is the only property affected by it in the Town of Mamaroneck. In reply to Shirley Tolley's question of whether the Building Inspector said it is in compliance with the Town's Flood Damage Prevention Law, Mr. Mastromonaco replied "Yes". Mrs. Wittner asked if the main house were to be expanded would a new septic system be required. Mr. Mastromonaco replied that if it had more bedrooms, it might require an expanded septic system but there is a limit of four bedrooms. Mrs. Wittner noted that the only difference between this plan and the last one submitted by a prospective buyer (Sinsheimer) is the height of the house itself. Shirley Tolley expressed concern over the problem of having the Mill Pond on one side and the L.I. Sound on the other and the Town wanting the septic tanks placed 50 feet in from a body of water. She said this could not be done here because the property is bounded by bodies of water on all sides. She said the County had stated that construction of a new residence not exceeding four bedrooms would not require a new permit. It was pointed out that this was built when the rule was 50 feet from the water and now it is 100 feet. Mr. Young commented that limiting the number of bedrooms and size of the house were concessions made at the time the subdivision was granted. The structure to be built there will not be any larger than that which previously existed. The ground around the septic system was tested for percolation and was found to be in very good shape. CZMC Minutes April 28, 1992 Page 3 Mrs. Wittner asked if the mission would like to see further plans and they agreed. Sane of these included landscaping and drainage. When asked about certification of the septic system, Mr. Mastranonaco replied that generally the Building Department looks to the architect or engineer to see that the septic system is operating properly. The County Board of Health only gets involved when it is a new system. Mrs. Wittner then read a letter dated May 23, 1988 which was a response from Mr. Kluge's environmental design consultant to CZMC's comments that creating an R-30 lot in an R-50 zone was inconsistent with LWRP's policy. That letter stated that since the old residence had been razed, any new residence will require a new septic system. The size of the new tank is for 1,200 gallons. The present tank holds 1,000 gallons. When questioned about the amount of fill needed, Mr. Mastranonaco replied that about 2 1/2 feet of fill will be needed in the front to elevate to about 12 to 16 feet. About 3 1/2 feet will be needed in another area. Mr. Martin mentioned the concern of having that much fill and the effect of drainage as water is on both sides of the property. Mrs. Wittner said she would use the Best Management Practices recommendations suggested by Mr. Kluge's environmental design consultant who said they would use a double soil, filtered fabric fence, etc. It was noted that CZMC would like to know how much fill is needed, the type of fill, and what the provisions are for runoff. Mr. Mastromanaco suggested that CZMC recommend to the Building Inspector that a design be provided for erosion control measures on the site plan. It was recommended that the DEC be contacted to see if this application is subject to a coastal erosion hazard area permit. Mrs. Wittner concluded that a letter will be sent to the Building Inspector within the week. DiForio Subdivision - Mrs. Wittner asked for comments on the DEIS. Mr. Lowy's concern was that the detention pipe which is 2,400 cubic feet would reach its capacity in one hour's time for 1 inch of rainfall in an area of 30,000 square feet. Our area averages 2 inches per hour. He felt after that time it would just backup and flood. Angel Martins concern is that this property is adjacent to the Bonnie Briar area and both are critical environmental areas. They are both being considered separately and should be looked at together. Shirley Tolley said she would like to have the DEIS description of the site explained as to why water ponded at the base of this property just before it flows into the Larchmont Reservoir. She also would like to see a description of the current site explaining how drainage will be handled at Lot 2. Mrs. Wittner commented that on pages 3-4 and 3-27 landscaping for erosion control was noted but it did not specify a timetable to get it done. Another concern is the question of whether the project will really result in zero increase in runoff. It was agreed to ask for site specifics as to how and if they intend to remedy the situation of flooding. A problem cited by Mrs. Wittner was the fact that there is no mention of the negative impact through the possible introduction of domestic animals CZMC Minutes April 28, 1992 Page 4 to the wildlife scene. It was also noted that the number of trees they intend to keep or add could create certain problems; i.e., trees along the easement and trees on a 48 inch culvert they want to build. Also, Mrs. Wittner would like to see some form of a guarantee to support their statement that there will not be any further development. Mrs. Wittner and Shirley Tolley will write the letter. APPROVAL OF MINUTES Minutes: The minutes of March 24, 1992 were approved with minor changes on page 3. CHAIRMAN'S REPORT'S A. Correspondence - Incoming: 1. 4/10/92 - From Mayor Lewy to CZMC. Mrs. Wittner read the letter concerning communicating with the Mayor. 2. 4/17/92 - Fran Richard Young regarding wetlands and SGEIS. Mrs. Wittner read the letter. B. Correspondence - Outgoing: 1. 4/6/92 - To Edward Kramer, Chairman, City of New Rochelle Planning Board after their March 31 meeting. Regarding the Emerson Estate subdivision, the Westchester County Soil Water Conservation District (WC:S'WC)) is interested in the project. Mrs. Wittner sent than the Impact Assessment for significant habitats and reminded them that Westchester County also designated it a critical environment area; and since we share a tri-mu iicipal significant habitat and CZMC has a LWRP, it should be subject to our consistency review. They are meeting again tonight, April 28, to set the scope of the engineering work (John Meyer Consulting Engineers) and the agreement by the developer to pay for same. 2. 4/7/92 - To Elaine Price - Supplemental Generic Environmental Impact Statement (SGEIS) . This was a response in reply to Ferrandino's questions of March 30 and 31. 3. 4/15/92 - to Vincent Ferrandino re: demonstrating from the LWRP the right of the Town of Mamaroneck (TOM) and the Village of Larctmont (VOL) to look at inland properties as they relate to coastal issues. CZMC Minutes April 28, 1992 Page 5 4. 4/17/92 - Shirley Tolley in response to Vincent Ferrandino re: CZMC impact analysis for Modified CR single family detached with 18 hole golf course. C. Correspondence - Copies: 1. 4/3/92 - Steve Altieri to Cannissioner Joseph Madonna re: Emerson Estates. Requesting continued cooperation and to please notify TOM of any and all meetings. Also, the Town would like to review plans, especially drainage and impact on adjacent wetlands. 2. 4/15/92 - Elaine Price to Gary Trachtman re: SEIS Hydrologic Study and wetlands, and wetland buffer areas. She stated that the Town's policy reflects the reccunendations set forth by CZMC. 3. 4/17/92 - From the Army Corps of Engineers (ALOE) to Steve Altieri re: permit for the Premium dredging with 20 conditions for approval by the TOM. 4. 4/21/92 - Supervisor Silverstone to residents re: dedication as parkland of Block 105, Lots 124 and 579. Survey work must be done for this and other parcels. The Board is on record as favoring the dedication. D. Other: 1. Mayor Lewy and Mrs. Wittner attended in Norwalk, CT, Congresswomen Nita Lowey's and Rosa Delauro's news conference re: legislation to significantly increase funding for clean water programs and to target a portion of those funds for L.I. Sound. Represented was a coalition of environmental, labor and business groups. 2. Mrs. Wittner asked Steve Coleman to do nesting and feeding places at the Premium fran May into June. He will be doing the Premium and Sheldrake for now. Claudia.Ng mentioned that his fee now is $45/hr. (from $40/hr.) . His estimate of from 15-20 hrs. at the Premium would now put his cost at between $675-900. Mrs. Wittner asked if this would still be agreeable to the Commission. It was suggested that he be offered $500, but the Commission would go along with the Chair's decision. 3. LWRP update. Mrs. Wittner received a fax yesterday fran Steve Resler, Dept. of State. Mrs. Wittner read part of the fax. She noted that the Dept. of State will provide a computer disk of our LWRP, work on text revisions, and provide ample copies of a new document so that no expense will be incurred by the Town. CZMC Minutes April 28, 1992 Page 6 She and Mr. Resler will meet and they will try first to take the supplement and meld it into the LWRP. It will come back to CZMC for their comments as it is being written. Mrs. Wittner stated that something should be added on buffer areas and significant habitat impairment tests. Shirley Tolley would like same member(s) of the Commission to have a preliminary meeting with Mr. Resler to ask more specific questions. MEMBERS, REPORTS/MINUTE A. Richard Young - Erosion and Sediment Control. "Steep Slopes" has been added to the definitions. Mrs. Wittner also suggested CZMC might want to recommend environmentally sensitive areas legislation. Mrs. Wittner will give the Commission 1-2 weeks to read the Erosion and Sediment Control Law and asked that any comments be submitted to her by May 15. It should then go to Jake and Gary Trachtman for a final read, and then sent to Supervisor Silverstone. B. Others Elinor Fredston - Planning Board, Larchm►ont: She went to the meeting but no one was there. The Mavis issue was cancelled. It will be next week but Mrs. Fredston is unable to attend. Mary Feldtmose - Zoning Board: As those meetings have been very short, she volunteered to be a substitute for other Commission members. She will substitute for Mrs. Fredston next week at the Planning Board Meeting. Angel Martin - Conservation Advisory Commission (TOM) : The Town of Mamaroneck is now a "Tree City". ENVIRONMENTAL COORDINATOR'S REPORTS Ms. Ng reported that installation of the Hemlocks boar had begun. They put in a chain link fence as part of a litter trap and installed a silk curtain with a boar on top. It will be checked out this Friday, and they will then put in another boar at a second outlet. NEXT MEETING: May 26, 1992. The meeting adjourned at 10:15 p.m.